Received ITA two months before reaching 1 year of experience

[Vancouvers]

Hi,

I started working in Canada on Oct 21, 2017, under a temporary work permit. Then, I created my Express Entry profile and included this information properly. Last week, on Set 05, 2018, I received an Invitation to Apply for Permanent Resident. I was looking at my points and noticed that IRCC gave me 40 points for "Canadian Work Experience".

My questions are:

1. Why did I receive this ITA since I will only have one year of experience next month? Could it be a glitch in IRCC's system?
3. Should I proceed with my application in spite of the fact that I still don't have one full year of Canadian Experience?

I haven't found any information on IRCC's website about this topic.

Thanks for helping!!

Hi there, I am facing your same dilemma. Could you tell me what you decided to do? Did you apply for the PR before completion of the 1 year work experience requirement? If so, did you get your PR without any problems? I see some people are suggesting accepting the invitation and submitting their eAPR upon completion of the 1 year. Does that actually work?

 

[yuyu]

Hi there, I am facing your same dilemma. Could you tell me what you decided to do? Did you apply for the PR before completion of the 1 year work experience requirement? If so, did you get your PR without any problems? I see some people are suggesting accepting the invitation and submitting their eAPR upon completion of the 1 year. Does that actually work?

Hi Vancouvers,

i personally would think its better for you to reject your ITA now and wait to finish the 2 months...

See here : https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html (in short, i think they check if you meet the criteria when you get your ITA and when at time of AOR)

Ministerial Instructions created under the authority of section A10.3(1)(e) list the MEC for Express Entry. Applicants must meet the MEC to be accepted into the Express Entry pool and must also meet the MEC when they are issued an ITA and when they submit their e-APR.

If an applicant’s situation changes in the time between when they receive an ITA and when they submit their e-APR to such a degree that their qualifications fall below the MEC, the application must be refused under section A11.2. The officer must also consider whether the application should be refused for not meeting the minimum requirements of the federal program to which they are applying or for misrepresentation.

 

[Vancouvers]

Hi Vancouvers,

i personally would think its better for you to reject your ITA now and wait to finish the 2 months...

See here : https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html (in short, i think they check if you meet the criteria when you get your ITA and when at time of AOR)

Ministerial Instructions created under the authority of section A10.3(1)(e) list the MEC for Express Entry. Applicants must meet the MEC to be accepted into the Express Entry pool and must also meet the MEC when they are issued an ITA and when they submit their e-APR.

If an applicant’s situation changes in the time between when they receive an ITA and when they submit their e-APR to such a degree that their qualifications fall below the MEC, the application must be refused under section A11.2. The officer must also consider whether the application should be refused for not meeting the minimum requirements of the federal program to which they are applying or for misrepresentation.

Hi, thanks for your reply. But I already meet the MEC for EE, and if I wait to send my application upon completion of the 1 year work experience, I will meet the MEC for the CEC too. Do you think that's a misunderstanding?

 

[jes_ON]

Hi, thanks for your reply. But I already meet the MEC for EE, and if I wait to send my application upon completion of the 1 year work experience, I will meet the MEC for the CEC too. Do you think that's a misunderstanding?

The term MEC applies to one of the programs - CEC, FSW, FST. Do you mean, you meet the MEC for FSW?

If you are invited to apply under CEC, you are expected to meet the MEC of CEC at the time of the ITA.

 

[Kshitij10]

work permit expiry: 12 Dec 2019
Job joining date: 07 jan 2019
Cec points: on Dec 1st
my overall score after receiving all those points: 463

In this case, if I accept ITA, apply for PR through CEC, get my AOR and go for BOWP before my current PGWP expires, would that work out if I clearly mention everything in the letter of explanation to the Immigration officer?

 

[jes_ON]

work permit expiry: 12 Dec 2019
Job joining date: 07 jan 2019
Cec points: on Dec 1st
my overall score after receiving all those points: 463

In this case, if I accept ITA, apply for PR through CEC, get my AOR and go for BOWP before my current PGWP expires, would that work out if I clearly mention everything in the letter of explanation to the Immigration officer?

Letter of explanation about what, exactly? That the rules shouldn´t apply to you, for some reason?

I realize you are in a tough situation. If you manage to get an ITA and are able to submit a COMPLETE application before 11 December (you need to give yourself an extra day to receive the AOR and then apply for the BOWP), and are willing to sacrifice the application fee, you could do it and apply for the BOWP. But if your application is rejected incomplete, your BOWP will be refused and you will be out of status retroactively to the date your work permit expires.

This could work (not saying it will work), only because eligibility is assessed after passing the completeness check, and you only need to pass completeness to be eligible for the BOWP. But again, it would be costly and you will have to be prepared to have your application refused, and re-apply. That is the best case scenario (unless a VO makes an error in your favor - stranger things have happened).

It would still be possible for your PR application to be refused as ineligible before the BOWP is issued, in which case you would really be out of luck.

 

[Kshitij10]

Letter of explanation about what, exactly? That the rules shouldn´t apply to you, for some reason?

I realize you are in a tough situation. If you manage to get an ITA and are able to submit a COMPLETE application before 11 December (you need to give yourself an extra day to receive the AOR and then apply for the BOWP), and are willing to sacrifice the application fee, you could do it and apply for the BOWP. But if your application is rejected incomplete, your BOWP will be refused and you will be out of status retroactively to the date your work permit expires.

This could work (not saying it will work), only because eligibility is assessed after passing the completeness check, and you only need to pass completeness to be eligible for the BOWP. But again, it would be costly and you will have to be prepared to have your application refused, and re-apply. That is the best case scenario (unless a VO makes an error in your favor - stranger things have happened).

It would still be possible for your PR application to be refused as ineligible before the BOWP is issued, in which case you would really be out of luck.

Thank you for this

 

[Jaybird94]

work permit expiry: 12 Dec 2019
Job joining date: 07 jan 2019
Cec points: on Dec 1st
my overall score after receiving all those points: 463

In this case, if I accept ITA, apply for PR through CEC, get my AOR and go for BOWP before my current PGWP expires, would that work out if I clearly mention everything in the letter of explanation to the Immigration officer?

It wouldn't work out, I went through a lawyer because I am in a similar sticky situation. You need to have an AOR at the time the BOWP is actually being processed, not at the time of applying for a BOWP. I even applied for the BOWP on paper so the processing time is longer, since the receipt of payment for a BOWP is what gives you implied status to remain in Canada and continue working.

My work permit expired on 14th October 2019
I started my current job on 24th January 2019
CEC Points : 494

I am currently researching if i can accept the next ITA i can get, or if i i have to wait until after I finish 1 year to actually accept the ITA and submit my profile. All my documents etc (unless they ask for a medical checkup) are ready. I have lived in Canada since i was 17 and I have not traveled anywhere in the past 5 years, so we're optimistic that they do not ask for anything that could take long to process.

They should review the BOWP paper application around mid-February ; The goal is to have a complete PR application already in the system before then, so when the BOWP officer is reviewing whether to approve or reject the BOWP, they see the documents already in the system.

 

[jes_ON]

You need to have an AOR at the time the BOWP is actually being processed, not at the time of applying for a BOWP.

Ah, this is not correct, based on the info provided by IRCC on their website.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

"Applicants applying for a BOWP must include a copy of their “Acknowledgment of receipt – Application for permanent residence” letter with their open work permit application."

Let us know how it works out for you.

 

[Shane999]

Hi . I have similar question. I got Point for my 3 year experience before I complete 3 year. I got invitation. Also my work permit expires on 17 January 2020 and my 3 year experience finish on 23 January. Is it ok to go ahead and submit applications?

 

[jes_ON]

Hi . I have similar question. I got Point for my 3 year experience before I complete 3 year. I got invitation. Also my work permit expires on 17 January 2020 and my 3 year experience finish on 23 January. Is it ok to go ahead and submit applications?

Well.... this is tough. If you submit your application (say on January 15- or 16, to allow time to get the AOR and apply for the BOWP), you have not completed 3 years, and chances are good that IRCC will later re-calculate your CRS score with only 2 years; if your CRS score is then below the cutoff for your draw, you will become ineligible for the draw, and your application will be refused.

On the other hand, sometimes IRCC makes errors in favor of applicants, and you might catch a break. You would have to decide if you are comfortable gambling with the application fee.

On the plus side, as long as your eAPR is complete, and your application gets put into processing, you will (likely) get the BOWP, a chance to stay longer in Canada if your first eAPR is refused, and re-apply.

 

[Shane999]

But I seen most application got approved as I already finish minimum requirements and also I am still working with Same employer? Is letter of explanation works out ?

 

[Jaybird94]

Ah, this is not correct, based on the info provided by IRCC on their website.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

"Applicants applying for a BOWP must include a copy of their “Acknowledgment of receipt – Application for permanent residence” letter with their open work permit application."

Let us know how it works out for you.

I know this is really late. But my BOWP was rejected on 24th January because i was missing an AOR. A previous employer was being nasty with references and i didn't want to risk using them for my PR, Thankfully the BOWP rejection happened right around the time i finished a year at my job, so i received an ITA 27th January, Finished my medicals and AOR'd 24th Feb. Biometrics letter within the week, submitted 3rd March.

My lawyer believed that we were able to apply for restoration on the BOWP but i opted not to take that route and instead left Canada (for what i thought would be a few month vacation but ended up being COVID grounded)

 

[Umarama29]

Hi I have been going through this thread. Did anyone get PR by receiving ITA a month a head beacause of the way their system is designed.

 

[gurinderjit kaur]

I get invitation on 25th june when cut off was 431, but my 2 years experience gonna be completed on 11th july with CRS 436.
I think computer calculated july 2018-june 2020 24 months period,
Should i accept or decline invitation?